---
kind: "section"
citation: "5 C.F.R. § 359.403"
title: "5"
number: "359.403"
heading: "Removal: Conduct."
url: "https://uscodex.org/cfr/5/359.403"
---

# §359.403. Removal: Conduct.

- (a) **Coverage.**
  - (1) This section covers the removal of a career appointee from the SES during the probationary period for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
  - (2) This section does not apply, however, when the appointee was covered under [5 U.S.C. 7511](/usc/5/7511.md) immediately before appointment to the SES. In that case, the removal is subject to the provisions of [part 752](/cfr/5/part752.md), [subpart F](/cfr/5/subpartF.md), of this chapter.
- (b) **Procedures.** The agency shall notify the appointee in writing before the effective date of the action. The notice shall, as a minimum—
  - (1) State the basis for the removal action (including the act(s) of misconduct, neglect of duty, or malfeasance if those factors are involved); and
  - (2) **Show the effective date of the action.**

## Notes

### Authority

Authority: 5 U.S.C. 1302, 3302, and 3596, unless otherwise noted.

### Source

Source: 54 FR 18876, May 3, 1989, unless otherwise noted.